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1  ^ 

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6 

53d  Congress,  )    HOUSE  OF  REPRESENTATIVES.     ^  Ex.  Doo. 


3d  Session. 


•SB,) 
) 


\  No.  310. 


APPROPRIATION  FOR  CLAIMS  ARISING  OUT  OF  THE 
BERING  SEA  CONTJiOVERSY. 


LETTER 


FROM 


THE  SECRETARY  OF  THE  TREASURY, 


TRANSM,'.TTINO 


A  commwnication  from  the  Secretary  of  State  in  regard  to  an  appropria- 
tion for  the  payment  by  the  United  States  of  all  claims  that  may  be  made 
by  Great  Britain  arising  out  of  the  Bering  Sea  controversy. 


February  13,  1895.— Referred  to  the  Committee  on  Appropriations  and  ordeivd 

to  be  printed. 


Treasury  Department,  February  13, 1895. 

Sir:  I  have  the  honor  to  transmit  herewith,  for  the  consideration  of 
Congress,  a  communication  from  the  Secretary  of  State,  under  date  of 
to-day,  in  regard  to  an  appropriation  of  $425,000 — 

For  the  payment  by  the  United  States,  in  full  satisfaction  of  all  claims  which  may 
be  made  by  Great  Britain  for  damages  growing  out  of  the  controversy  as  to  fur  seals 
in  Bering  Sea,  or  the  seiznre  of  British  vessels  engaged  in  taking  seal  in  those 
waters. 

Respectfully,  yours, 

J.  G.  Carlisle,  Secretary. 

The  Speaker  of  the  House  of  Representatives. 


Department  of  State, 

Washington,  February  13, 1895. 

Sir:  In  the  annual  message  of  the  President,  transmitted  to  Con- 
grt:  s  at  the  opening  of  the  current  session,  appears  a  statement  that 
an  understanding  had  been  reached  with  Great  Britain — 

for  the  payment  by  the  United  States  of  $425,000,  in  full  satisfaction  of  all  claims 
which  may  be  made  by  Greikt  Britain  for  damages  growing  out  of  the  controversy 
as  to  fur  seals  in  Bering  Sea,  or  the  seizure  of  British  vessels  engaged  in  taking 
seal  in  those  waters. 

The  message  add 4: 

I  am  convinced  that  a  settlement  npon  the  terms  mei^tioned  would  be  an  equitable 
and  advantaceons  one,  and  I  reoonunend  that  provision  be  made  for  the  prompt 
payment  of  toe  stated  sum. 


2  BERING   SEA  CONTttOVERSY. 

The  correspondence  in  regard  to  that  understanding,  and  a  report  of 
the  undersigned  in  support  of  the  President  s  recommendation,  were 
transmitted  to  the  Speaker  of  the  House  of  Eepresentatives  on  Decem- 
ber 21,  1894,  pursuant  to  a  resolution  of  that  body  dated  December  15. 

Copy  thereof  is  annexed.  ^    ..  ^    x,     a      i         * 

I  have  now  the  honor  to  reciuest  that  you  submit  to  the  Speaker  ot 
the  House  of  Representatives,  as  soon  as  may  conveniently  be,  an 
estimate  for  the  appropriation  of  the  sum  recommended  by  the  Presi- 
dent for  the  purpose  stated,  the  same  to  be  included  in  the  deficiency 
appropriation  bill.  ,    ,.     ^ 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

W.  Q.  Geesham, 
The  Seoeetaey  of  the  TreASUev, 


BERING   SEA   CONTROVERSY. 


8 


of 

:& 
[I- 

5. 

of 
in 
u- 


Hoiue  Ex.  Doc.  No.  132,  Fifty-third  Congress,  third  session. 

LETTER 

FROM 

THE  SECRETARY  OF  STATE, 

TRANSMITTING, 

Pursuant  to  Rouse  resolution  dated  December  15,  the  correspondence 
touching  iJie  Bering  Sea  controversy. 


Dbcembkr  21,  1894. — Referred  to  the  Committee  on  Foreign  Affairs  and  ordered  to 

be  printed. 


The  Speaker  of  the  House  of  Representatives: 

The  undersigned  is  directed  by  the  President  to  respond  to  the  reso- 
lution adopted  by  your  honorable  body  on  the  15th  instant,  requesting 
the  Secretary  of  State  "to  communicate  to  the  House  of  Representa- 
tives, if  not  inconsistent  with  the  interests  of  the  public  service,  all 
correspondence,  reports,  and  other  documents  not  heretofore  mtule  pub- 
lic touching  the  payment  by  the  United  States  of  $425,000  to  Great 
Britain  for  damages  growing  out  of  the  controversy  as  to  fur  seals  in 
Bering  Sea  or  the  seizure  of  British  vessels  engaged  in  taking  seals  in 
those  waters." 

The  undersigned  accordingly  has  the  honor  to  communicate  to  the 
House  of  Representatives  copies  of  the  correspondence  exchanged  on 
the  subject  covered  by  the  resolution,  in  which  will  be  found  a  state- 
ment of  the  claims  filed  by  Great  Britain  for  damages  sustained  by 
British  subjects  by  reason  of  the  seizure  of  their  sealing  vessels  in 
Bering  Sea  or  of  being  warned  to  cease  operations  therein. 

The  Paris  Tribunal  of  Arbitration  held  that  the  United  States  had 
no  right  of  protection  or  property  in  the  fur  seals  in  Bering  Sea  out- 
side the  ordinary  3-mile  limit. 

Article  8  of  the  convention  of  February  29, 1892,  whereby  the  qiies- 
tions  which  had  arisen  bet\T  m  the  two  Governments  concerning  the 
jurisdictional  rights  of  the  l"  ited  States  in  the  waters  of  Bering  Sea 
were  submitted  to  arbitre  on,  recited  that  the  high  contracting 
parties  had  been  unable  to  agree  upon  a  reference  which  would  inclnde 
the  question  of  the  liability  of  each  for  the  injuries  alleged  to  have  been 
sustained  by  the  other,  or  by  its  citizens,  in  connection  with  the  claims 
presented  and  urged  by  it,  and  that,  being  solicitous  that  this  subor- 
dinate question  should  not  interrupt  or  longer  delay  the  submission 
and  determination  of  the  main  questions,  they  had  agreed  "that  either 
may  submit  to  the  Arbitrators  any  question  of  fact  involved  in  said 


q«n 


BERING   SEA   CONTROVERSY. 


claims  and  ask  for  a  finding  thereon,  the  question  of  the  liability  of 
either  Government  upon  the  facts  found  to  be  the  subject  of  further 
negotiation." 

Under  this  article  the  Arbitrators  unanimously  found  that  a  number 
of  British  sealing  vessels  were  seized  in  Bering  Sea  or  warned  tliere- 
froml)y  cruisers  of  the  United  States  on  the  days  and  at  the  places  in 
the  special  finding  mentioned,  leaving  for  future  detorminatioi  the 
questions  as  to  the  value  "of  the  said  vessels  or  their  contents,  or  either 
of  them,  and  the  quISStion  as  to  whether  the  vessels  mentioned  in  the 
schedule  to  the  British  case,  or  any  of  them,  were  wholly  or  in  part  the 
actual  property  of  citizens  of  the  United  States."  

If  the  plan  of  settlement  recommended  by  the  President  in  his  last 
annual  message  is  not  acceptable  to  Congress,  the  remaining  contro- 
verted questions  must  be  determined  either  by  the  organization  of  a 
joint  commission  or  by  negotiations  between  the  two  Governments. 

Experience  has  shown  that  international  commissions  are  slow  and 
expensive.  Should  such  a  course  be  restorted  to  the  evidence  would 
be  found  mostly  on  the  Pacific  Coast,  widely  scattered,  and  counsel 
would  be  needed  to  examine  and  cross  examine  witnesses. 

The  question  of  indirect  or  consequential  damages  having  been 
withdrawn  from  the  Tribunal  of  Arbitration,  the  pending  (jlaims  are 
for  British  vessels  actually  seized  in  Bering  Sea  or  warned  out  of  it 
by  cruisers  of  the  United  States. 

It  will  appear  from  the  submitted  correspondence  that  the  agreement 
to  pay  a  lump  sum  of  $425,000  in  full  settlement  of  all  demands 
authorized  to  be  made  under  the  treaty  and  award  «vas  proposed  by 
this  Government.  The  amount  is  considerably  below  the  damages 
clainied  by  Great  Britain,  exclusive  of  interest  for  a  number  of  years. 

If  this  arrangement  does  not  receive  the  approval  of  Congress  and 
the  disputed  questions  are  submitted  to  an  international  commission, 
it  is  believed  tliat  the  amounts  alIowe(!  and  the  expense  of  the  tribunal, 
including  witnesses  and  the  taking  of  their  testimony,  will  largely 
exceed  $425,000. 

In  view  of  all  the  facts  and  what"  may  be  reasonably  expected  as  the 
result  of  a  commission,  the  undert:igned  submits  that  a  prompt  and 
final  settlement  of  the  vexatious  controversy  by  an  appropriation  of 
the  lump  sum  agreed  ui)on  is  advisable. 

EespectfuUy  submitted. 

W.  Q.  Gresham. 

Department  op  State, 

Washington,  December  20, 1894, 


Sir  Julian  Pauncefote  to  Mr.  Gresham. 

Washington,  June  7, 1894. 

Sir:  Adverting  to  the  verbal  communications  which  have  passed 
between  us  respecting  the  best  mode  of  verifying  and  adjusting  the 
British  claims  for  compensation  for  the  seizure  of  British  sealing  ves- 
sels in  Bering  Sea,  I  have  now  the  honor  to  transmit  herewith,  by 
direction  of  Her  Majesty's  principal  secretary  of  state  for  foreign 
afiairs,  a  complete  list  and  summary  of  those  claims,  together  with 
memoranda  of  the  additions  and  amendinents  made  since  their  origi- 
nal presentation.  I  am  at  the  same  time  to  make  the  following  sug- 
gestion, with  a  view  to  adjustment  of  those  claims  with  the  least  possible 
labor,  expense,  and  delay: 

The  whole  of  the  claims,  excepting  that  of  the  Henrietta  and  that  of 


BEIilNO    SEA   CONTROVERSY.  6 

the  Jilack  Tiiamond  (18S0),  were  laid  before  the  Tribuiinl  of  Arbitration 
nt  I\uis,  lo^jetJH'r  witli  tlie  evidence  in  .sui)i)ort  of  tijciii.  Tlie  facts  on 
Nvliicii  tliey  rest  were  found  by  tlie  Arbitrators  as  provided  by  Article 
VIll  of  tlie  Treaty  of  Arbitration  and  form  part  of  the  award.  In 
view  of  the  decision  of  tlie  Tribunal  on  the  questions  of  law  submitted 
to  them,  it  only  now  remains  to  assess  the  damat^es.  I  am  accordin^^ly 
authorized  by  the  ICarl  of  Kimberley  to  propose  that,  for  the  purpose 
of  such  assessment,  each  Government  should  api)oint  a  duly  qualilied 
commissioner,  who  should  be  a  lawyer  and  if  possible  possess  some 
knowled^'e  of  the  conditions  of  the  sealing  industry. 

That  the  two  commissioners  should  sit  tofjether  at  Victoria,  British 
Columbia,  where  all  the  evidence  in  verification  of  the  claims  can  be 
obtained  on  the  spot.  That  they  should  make  a  joint  report  on  all  the 
claims  in  which  they  have  agreed  as  to  the  amounr  of  damages,  and 
separate  rejiorts  in  tin;  cases  in  which  they  have  failed  to  agree,  fully 
stating  the  grounds  of  such  disagreement. 

That  the  assessment  of  damages  by  the  two  commissioners,  where 
they  hsive  been  able  to  agree,  shall  be  final. 

That  in  cases  where  they  have  been  unable  to  agree  the  differences 
shall  be  settled  by  the  two  Governments  within  a  fixed  period,  failing 
which  such  difierences  shall  be  referretl  for  final  adjustment  to  an 
umpire  to  be  appointed  by  the  two  Governments  jointly,  or,  in  case  of 
disagreement,  to  be  nominated  by  a  foreign  Government. 

Y^ou  informed  me  some  time  ago  that,  in  the  view  of  your  Govern- 
ment, a  convention  would  be  necessary  for  the  jMljustment  of  the  claims, 
and  the  Earl  of  Kimberley,  to  whom  I  did  not  fail  to  communicate 
that  oi)inion,  has  instructed  me  to  proceed  at  once  with  the  negotia- 
tion of  such  a  convention,  on  the  basis  of  the  arrangement  .above  pro- 
posed, sliould  it  be  favorably  entertained  by  your  Government. 
I  have,  etc., 

Julian  Pauncefote. 


[Inologurc] 

Memoranda  of  addUiom  and  avieiidnients  made  since  original  presentation  of  list  of  British 
claims  for  compensation  for  the  seisnre  of  British  sailing  vessels  in  Bering  iSea, 

ADA. 

Claim  of  the  master,  Captain  Gaiidin,  for  juTsoual  loss  and  damage $3,000 

This  claim  was,  by  a  mistake  on  the  part  of  the  agent  of  the  owner  of  the  Ada, 
not  included  when  the  other  claims  in  connection  with  this  vessel  were  entered. 
Captain  Gaudin  thought  that  it  had  been  so  included,  and  it  was  only  on  seeing  the 
printed  list  of  the  Hritish  claims  that  he  discovered  that  sucJi  was  not  the  case.  He 
at  once  re(iuested  that  the  omission  might  be  rectified  and  his  claim  added  to  the 
list,  and  Iler  Majesty's  Government,  after  causing  an  inquiry  to  be  made  -nto  the 
circumstances  of  the  case,  decided  that  his  application  should  be  grantjul. 

Oajitain  Gaudin's  claim  has  accordingly  been  added  to  the  schedule  of  the  claims 
entered  with  respect  to  the  schooner  Ada. 

HENUIETTA. 

[Seized  by  the  U.  S.  war  sliip  Torktown  on  September  4, 1892.] 

Value  of  vessel $4,000 

Value  of  outfit  and  equipment 3,000 

Value  of  420  seal  skins  at  $18 7, 560 

Value  of  balance  of  estimated  full  catch  for  season  in  Bering  Sea  for  three 

boats  and  three  canoes,  viz,  oOl  skins  at  $18 10,098 

Legal  auil  personal  expenses  in  defending  actiim  against  vessel  and  cargo  at 

Sitka,  and  in  preparing  and  forwarding  this  claim 2, 000 

Claim  of  owner,  with  interest  at  7  per  cent,  to  date  of  payment ,  26,658 


^m 


mmm 


b  BERmo   SfiA   CONTftOVfiRsY. 

In  hifi  note,  dated  IStli  of  Mardi  Inst,  Mr.  Gnmlinin  stated  tlmt  from  the  date  on 
which  tho  lle.nrtrlta  wiis  handiMl  over  to  tier  captain,  tlie  Unitod  StateH  Guverniiiuut 
ceaued  to  hour  uiiy  reapoiiHibility  or  to  exercise  any  control  with  regard  to  that  ves- 
Hul,  and  that  thorufore  thoy  were  unable  to  comply  with  thtt  renueNt  of  Her  Majesty's 
Oovoniinuut  that  Hhe  Hhould  be  sent  to  a  BritiHU  port  for  trial ;  but  he  added  that 
tlie  claim  of  her  owner  for  compeiisatioD  would  receive  duo  conHideratioD  when 
presented. 

The  claim  in  question  has,  therefore,  been  added  to  the  general  list  of  British 
claims. 

BLACK  DIAMOND. 

lAdililiiinal  claim  submitted  by  tlin  master.  Mr.  Henry  Paxton,  for  damA,{es  alleged  tn  have  been 
Hiiiitiiinril  l)y  rnasoii  of  the  above  Hchoouer  iiaving  been  unlurod  out  of  Bering  Son  in  1886  by  tlie 
Unit»'(l  StntiiH  ftiithuritleii.] 

Estinuited  catcii  for  Angnst,  1886,  1,000  skins  at  $7.50  each  (the  price  of  skins 
ot  Victoria  during  the  full  of  1886) $7,500 

This  claim  was  sent  in  too  late  for  insertion  in  the  general  list  of  British  claims. 
In  view  of  the  length  of  time  that  had  elapsed  since  the  occurrence  of  the  action 
coni|)lained  of,  Her  Majesty's  Government  deemed  it  advisable  to  cause  an  inquiry 
to  be  made  as  to  the  reason  for  the  delay  in  presenting  the  claim.  The  reason  given 
wits  that  at  the  time  of  the  seizure  of  the  vessel,  the  coowners,  who  were  three  in 
number,  were  doubtful  as  to  how  far  an  appeal  to  the  United  States  Government  for 
redress  would  be  entertained.  In  the  following  year  one  of  the  owners  was  lost  at 
sea  uud  another  left  tho  country,  and  it  was  only  after  the  publication  of  the  award 
that  the  surviving  ownur  consulted  his'  solicitor  and  was  informed  that  he  had  a 
good  and  equitable  claim  for  compensation.  The  claim  was  then  drawn  up  and  pre- 
sented at  once. 

Her  Majesty's  Government  also  ascertained  f  om  the  solicitors  in  Question  that  the 
fact  of  the  Black  Diamond  bein^  boarded  by  the  revenue  officers  of  the  United  States 
and  ordered  out  of  Bering  Sea  in  1886  is  entered  in  the  records  of  the  custom-house 
of  Uualaska,  and  that  due  protest  was  made  by  the  master  of  the  vessel  on  the 
arrival  of  the  schooner  at  Victoria. 

Under  the  circumstauces  Her  Mi^jesty's  Qovornment  considered  that  the  reasons 
alleged  for  tho  delay  were  reasonable,  and  gave  instructions  that  the  claim  should 
be  presented  to  the  United  States  Government,  together  with  the  other  similar  claims 

JU  ANITA. 

It  will  be  noticed  that  the  original  claim  of  the  owner  of  the  Juanita,  which  was 
stated  at  $14,695,  has  been  amended  so  an  to  amount  to  $17,697.66. 

The  ground  upon  which  this  claim  was  amended  was  that  the  owner  made  his 
original  statement  on  the  basis  of  $8  per  skin,  whereas  it  was  ascertained  afterwards 
that  the  skins  had  been  sold  at  Son  Francisco  at  an  average  of  $9.67  per  skin. 


List  and  tummary  of  the  claims  for  compensation  in  respect  of  the  seizures  of  British 
vessels  in  Bering  Sea  by  th^  authorities  of  the  United  States. 

CAROLBNA. 

[Seized  by  U.  S.  S.  Corwin  August  1,  1886.] 


For— 


Amount  of 

claim  as  pui 

forward  by 

owner. 


Value  of  veRm;!,  32  tons 

Value  of  ontQt  (inconsumable)  ., 

Insurance 

Wiiges  of  crew  up  to  date  of  seizure 

PasHHite  of  crew  from  San  Francisco  to  Victoria , 

PassaKO  of  m.ito.  bitka  to  Victoria,  after  release  from  prison 

Persimnl  expenses  of  owner 

Legal  expcuMcs 

Estimated  seal  ctkUsh  for  1886 

Deduct  value  consumed  during  a  full  voyage 

Claim  by  owner,  with  Interest  at  7  per  cent  to  date  of  payment 


$4,000.00 

3,002.89 

3.5L'.  50 

1,833.22 

71.72 

100.00 

250.  UO 

1,  250. 00 

16, 667. 00 


27, 526. 33 
3,213.32 


24,318.01 


BERING  SEA   C0NTR0VER8V. 

lAtt  and  gummary  of  the  claims  for  eompeniation,  0fo.— Continued. 

THORNTON. 
[Selcwl  by  D.  8.  8.  Oonoin  Aiiguit  1,  1880.] 


Amount  of 

olaiiii  at)  put 

forward  by 

uwiiur. 


Vnlne  of  veoBel,  78  tons 

Vnlue  o**  outfit  (iucousumable) 

Insnrar  oe 

WttK"*  pi'Jd  toi]at«  of  neizuro  to  vro«r,  cti; 

I'aRBaKu  iiioiu<y  of  crow  from  San  FranciBCo  to  Victoria 

PiMHUKo  mon«y  of  crew  anil  expense  of  captain  and  mate  after  ruloase,  Sitlia  to  Victoria 

PiTional  exp<>u«eaof  owners 

LeKal  expenses 

Estimated  catch  of  seals  fur  1880 

Deduct  value  consumed  on  a  full  voyage 

I  Claim  by  owners,  with  interest  at  7  per  cent  to  date  of  payment 


ONWAKD. 
[Seized  by  U.  S.  S.  Oorwin  August  2,  188«.] 


Value  of  vHMHel,  04  tons 

Value  of  outfit  (Inconsumable)  . . 

lUHuranoo 

Wages  paid  for  voyage 

PuMHago,  et<;.,  of  master  nnd  mate. 

Personal  ex|)0nite8  of  owner 

Legal  exi>eUH08 

Estimated  catch 


Dodnct  value  consumed  during  full  voyage 

Claimed  by  owner,  with  interest  nt  7  per  cent  to  date  of  payment. 


Passage  of  crew,  etc 

PaHsage  of  otUcers 

Legal  expenseH  of  owners 

Proliable  seal  catch,  1887,  3,500  seals,  at»5.60 

Loss  by  detention,  Oct»l)or  1,  1887,  to  February  1,  1888 

Loss  or  profit  in  season  1888  (February  1  to  October  1) 

Personal  expeiiBes  of  owners 

Claim  by  owner,  with  interest  at  7  pei  cent  to  date  of  payment 

Cost  of  suit  before  Supremo  Court  United  Stau^s,  in  reseizure  of  IT.  P.  fSayward 


$0.  DUO. 00 

2,9U.(M 

.'i»1.43 

l,;i70.00 

177. 16 

2U0. 00 

l,0U0.UO 

1, 2.^0. 00 

10, 607. 00 

uO,  1B7. 23 
:i,  37U.  S8 


28,  817. 65 


$4, 000. 00 

1,778.69 

260.00 

1,820.00 

200.00 

2S0.OO 

1,260.00 

16, 667. 00 

2C,  225.  OB 
2, 955.  08 

23,269.71 


FAVOURITE. 
(■Warned  out  of  Uorlng  Sea  by  U.  S.  8.  Oormn  August  2,  1880.] 

Estimated  loss  of  catch  of  l,0CO  seals 

97, 000. 00 

Claim  bv  owner,  with  interest  at  7  per  cent  to  date  of  navment  ...•..•.........•••••..... 

7,000.00 

W.  P.  SATWAllD. 
[Seized  by  U.  S.  8.  Sichard  Jtuth  July  9,  1887.] 

$255.00 

260.00 

850.00 

19,260.00 

1,200.00 

0,000.00 

250.00 

28,055.00 

62,847.12 


Total ,     118,957.12 


GRACE. 

[Seized  by  U.  S.  S.  Richard  Ruth  July  17, 1887.] 


Value  of  vessel.  182  tons 

Nonconsumable  outfit 

PiiHsatte  of  moHter  nnd  crew 

Pernoual  oxpenHcs  of  owners 

Legal  expenses 

Probable  catch,  1887,  4,200  seals,  at  $5.50 

Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment 


$12, 000. 00 

1,742.57 

200.00 

250.00 

850.00 

23, 100. 00 


38,142.57 


8 


BERING  SEA   C0NTB0VEB8Y. 


Lilt  ami  summary  of  the  olaimH/or  compentalioH,  «(o. — Continued. 

ANNA  UKC'K. 
[8«i>«d  by  U.  8.  S.  Kieha-rd  Ruth  Jane  28.  18H7.| 


For— 


Amonntof 

I'luim  iiB  put 

forwarduy 

owner. 


Value  of  vesRpl 

Noncouauiuablo  outfit 

PnNsaK<>'of  niaHt<'r  and  crew 

I'eraonal  ex|)en«eH  of  ownvr 

I.e((al  *ixponH(w  

Trobublo  Her.i  uatcli,  19H7,  3,1S0,  at  $5.60. 


Chitnot  owner,  with  Interest  at  7  p4tr  cent  to  dat«  of  payment. 


18,000.00 
077.  .W 
400,54 
250.00 
850.00 

17,325.00 


?7,  w;..  oi 


DOLPHIN. 
[Seised  by  U.  8.  S.  Richard  Ruth  Jnly  12, 1887. 


Valno  of  vessel,  174  tout^ 

Value  of  uonconBiimublo  ontttt 
I'ai4saif;eH  of  master  and  crew.. 
Personal  expenses  of  owner... 
Legal  expuuseM 


$12, 000. 00 

2,Q!.1.50 

IIOO.OO 

260.00 

86U.  OU 

Pr6bable"catoh,  1887, 4,600,  at  $6.50 1      24,760.00 


Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment. 


ALFltED  ADAMS. 
rSeiced  by  U.  8.  S.  Rienard  Ruth  Jnly  10,  1887.) 


Value  of  outfit  seized 

Personal  expenses 

licgnl  expenses 

Probable  catch,  3,600,  at  $5.50. 


Claim  of  owner,  with  iut«re8t  at  7  per  cent  to  date  of  payment. 


ADA. 

[Seized  by  IT.  S.  S.  Bear  Angnst  25, 1887.] 


Value  of  vessel,  68  tons 

Value  of  noncousumable  ontfit 

Passage,  etc.,  of  mast«r 

Personal  expenses 

Lo(:al  expenses 

Probable  catch,  1887,  2,876,  at  $5.50. 


Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment . 


TEIUMPH. 
[Ordered  not  to  enter  Bering  Sea  by  IT.  S.  S.  Richard  Ruth  August  4, 1887.] 


Illegal  boarding  and  searching  of  Triumph,  as  set  forth  in  affidavit.. 

1,000  seal  skin4 

Ix^gal  and  other  expenses 

Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment. 


JXJ^NITA. 
[Seized  by  U.  S.  S.  lUthard  Ruth  July  81, 1889.] 


620  seal  skins,  at  $8 

Balance  of  estimated  catch  for  1889,  at  $8  . 

STMiBrs,  etc 

New  ship's  papers 

Legal  and  other  expenses 


Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment 

For  amended  claim,  see  colonial  office  to  foreign  office,  November  23, 1893. 


40,201.60 


$683.00 

200.00 

300.(10 

19, 250.  00 


20,433.00 


$7,000.00 

2,600.00 

100.  UO 

250.00 

850.00 

15,  81g.  00 


26,518.00 


$2,000.00 

8,000.00 

260.00 


10,  250. 00 


$4,060.00 

9,424.00 

36.00 

25.00 

260.00 


14, 695.  00 


17,697.66 


\ 


I 


BERING   SEA   C0NTR0VKR8Y. 


» 


I 


Litt  and  lummary  of  the  claivufitr  compenaation,  vie, — Continnod. 

PATHrrNDEU. 
|BotM4  by  U.  K.  H.  lUtkmrd  Uuih  July  SO.  I8M.] 


For— 


8S4  akltiB  lotiod,  andp.il/  >ati<)l  baliincr  of  catch  (1,240),  lit  $13.25  n  mU In. 

(ill IIR,  l^tC,  R<'i tffti 

N<>w  papl^rri 

Legal  (>xiH'u»v*.      


Claim  of  owner,  with  InK  i  oat  at  7  p«r  ctnt  to  dato  of  payment . 


TKlUMPn. 
[Ordurcd  out  of  JloriiiK  Sea  by  l).  S.  S.  Uiehard  Ituth  J aly  II,  1880.] 


B«lan(i«  of  catlmntrd  calcli  of  2,500,  at  .fji  i  nkln. 
Legal  and  otbcrexiicuitua 


Claim  by  owner,  with  int  ereat  at  7  per  cent  to  dut«  of  payment 


BLACK  DIAMOND. 

[Seized  by  r.  K.  S.  Richard  Jiuth  July  II,  1889.) 


A  mount  uf 

Iniiii  UHpiit 

I'orward  by 

owner. 


126,726.00 
765.00 

2.^.  ot) 
260.00 


20,706.00 


$10, 424.  00 
250.00 

11).  074. 00 


70  skinH  Rfllzed,  at  $8 

2,024  skiuR,  balance  of  ostiraated  catcb,  at  $8 . 

KiticH,  Rpearn,  etc.,  Heized 

New  Nliip's  papers 

Legal  and  other  uzpeuscs 


Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment. 


$008.00 

16,102.00 

110.00 

25.00 

2.10.  (H) 

17,185.00 


i 


LILT. 
[Seized  by  V.  S.  >S.  Itiehard  Ruih  August  0,  1888.) 


333  skins  seized,  at  $8 

Balance  of  catch.  1,707,  at  $8 . 

Spears  and  salt  seized 

New  ship's  papers 

Legal  and  other  expenses  . . . . 


Claim  of  owner,  witli  interest  at  7  per  cent  to  date  of  payment . 


ARIEL. 
[Ordered  out  ofBering  Sea  by  U.  S.  8.  Jtiehard  Huth  Jnly  30,  1880.]' 


Balance  of  estimated  catch  of  2.000  (1,158),  at  $8 . 
Legal  and  other  expenses 


Claim  of  owner,  with  interest  r.t  7  per  cent  to  date  of  payment. 


$2, 064. 00 
14.1,16.00 

101.00 
25.00 

250.00 

17,170.00 


$9, 248. 00 
250.00 

0, 498. 00 


KATE. 
[Ordered  out  of  Bering  Sea  by  U.  S.  S.  Richard  Rush  August  13,  1889.] 


Balance  of  catch 

Legal  and  other  expenses. 


Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment. 


$10, 960. 00 
250.00 

11.210.00 


ywtrmamr 


•^fmBmmmmmm 


10 


BERING  SEA  CONTROVERSY. 


Lilt  and  summary  of  the  claims  for  compensation,  etc. — Continued. 

MIITNIE. 
[Seized  by  IT.  S.  S.  Richard  Rush  July  6,  1889.] 


420  ekins  seized 

Balnnce  of  catch 

GuoH  and  epears  seized 

Legal  and  other  expenses  . 


Ainonntof 

claim  as  put 

forwarduy 

owner. 


$3, 360. 00 

12,752.00 

98.00 

250.  00 


Claim  of  owner,  with  interest  at  7  per  cent  to  date  of  payment i      16, 460. 00 

'  PATHFINDER. 

[Seized  by  TT.  S.  S.  Thoma*  Corivin  March  27,  1890.] 


Seizure  and  detention  from  Tdnrch  27,  1890,  to  March  29,  1890  .. 
Claim  of  owner,  with  intereHt  nt  7  percent  to  date  of  payment. 


$2, 000.  ^0 
2,000.00 


CLAIMS  FOR  1886. 


ClaiAed  by- 

Amount 
claimed. 

David  Moore,  master  of  Onward 

Margotich,  mate  of  Onward 

Hang  Giittomasen,  master  of  Thornton 

Illegal  arrest  and  imprisonment 

....  .do 

$4,000 
2,  500 

do 

4,000 

Harry  Kornian,  mate  of  Thornton.- 

do 

2,500 

das.  Ocilvie,  master  of  Caroleua 

Jas.  B  ack,  mate  of  Carolona 

do 

2,500 

do 

2,500 

Total  for  1886 

18,000 

CLAIMS  FOR  1887. 


Warren,  majster  of  Dolphin , 

Suflferingsand  losses  navigating  four 

vessels  from  Uualaska  to  Sitka. 
.     .  do 

$2,  raS 

John  Rielv,  mate  of  Dolphin 

l,floo 

George  P.Ferey  master  of  W.  I'.  Say  ward... 

do 

2,000 

A.  IJ.  Lain^,  nic'?  of  A\'.  I*,  l-iavward 

do     

1, 0-JO 

Louis  Olseu,  master  of  Anna  lieck 

do 

2, 000 

^licliael  Keefe,  mate  of  Anna  Beck 

do 

1,000 

W.  Petit,  master  of  Grace 

do 

2,01)0 

C  A .  Lundberg,  mate  of  ACa 

...  do  

2,000 

Total  for  1887 

13,  61)5 

Total  for  1880  and  1887 

31.6S5 

To  b(>  added  to  1880,  personal  claims  Captain  Gaudin, 

3,  COO 

Amend(Ml  total  1886  and  1887 

34,  635 

BERING  SEA  CONTROVERSY. 


11 


1886. 

1887. 

1889. 
1890. 


List  and  summary  of  the  claims  for  compensation,  etc. — Continued. 
RECAPITDLATION. 


Year. 

Vessel. 

A  mount 
cluimed. 

Total. 

1886 

Caro1(!iia      ....                 .     .............      .....               ......... 

$24, 313. 01 

20,817.65 

23, 209. 71 

7,  000. 00 

18, 000. 00 

PfirHonul  claims          ..   .     . .. 

W.  P.  Say  ward 

$99,400.37 

1887 

28, 055. 00 
38, 142. 57 
27,  863.  04 
40,  201. 50 
20,  518.  00 
20,433.00 
10,  250. 00 
13, 635. 00 

Uolnhin 

Ada 

Alfred  Adams 

'Triiimnli                                          ..          , ..       .... 

Fersoual  claims 

205,098.11 

1880 

14,695.00 
26,  765. 00 
19,  674. 00 
17,185.00 
17, 176. 00 
9,498.00 
16, 460. 00 
11, 210. 00 

Pathfinder 

Trinmnh 

Black  Diamond 

Lily 

Anel 

Afinnie ............... 

132, 663. 00 
2, 000. 00 

1890 

439. 161. 48 

CoRts  of  suit  before  Supreme  Court,  United  States,  in  reseizure  of 
W .  P.  Say  ward 

• 

62,  847. 12 

TOTAL. 


Vessels 

Personal  claims. 

Vessels 

Personal  claims. 

Vessels 

Vessels 


W.  P.  Say  ward  costs. 


Total 

Extra  for  Juanito 

Extra  for  Black  Diiunouil  (1880) 
Extra  for  Ada 


Total. 
Henrietta... 


$81, 400. 37 
18,000.00 

191,463.11 
13,  635. 00 

132, 663.  00 
2, 000. 00 

439, 161.  48 
62,  847. 12 

502, 008. 60 
3, 002.  66 
7, 500. 00 
3,  UOO.  00 

515.511.26 
26,  658.  00 


Amended  total 642,169.26 


Mr.  Gresham  to  Sir  Julian  Pauncefote. 


\ 


Dear  Sir  Julian 


Department  op  State, 

Washington,  August  16, 1894, 


I  have  your  note  of  the  15th  instant  in  relation  to  the  proposed  con- 
vention for  the  settlement  of  the  Bering  Sea  claims. 

Referring  to  tbe  doubts  raised  by  Her  Majesty's  Government  as  to 
the  restrictive  ettcct  of  the  words  "British  subjects,"  in  the  fourth 
recital  of  Article  I  of  my  counterdraft,  you  state  that  you  mentioned  to 
Lord  Kiraberley  I  had  given  you  the  assurance  that  the  Government  of 
the  United  States  "desired  to  satisfy  all  claims,  tbe  payment  of  which 
was  Justly  due  by  international  law  ;"  and  you  then  say  that  you  have 
received  a  reply  from  His  Lordship  "  to  the  effect  that  Her  M^yesty's 


■  V.WMJLJM 


l^f^t 


mm 


12 


BERING  SEA  CONTROVERSY. 


Government  take  note  of  that  assurance  and  waive  their  objection  to 
the  words  in  question." 

While  I  am  not  of  opinion  that  the  language  of  your  note  is  ambigu- 
ous, it  is  lierhaps  advisable,  in  order  to  avoid  any  possible  misunder- 
standing hereafter,  to  say  that  in  referring  to  international  law  it  was 
not  my  intention  either  to  enlarge  or  restrict  the  language  of  the  pro- 
posed convention,  but  it  was  my  intention  to  convey  the  idea  that  tho 
commissioners  would,  in  construing  its  terms,  be  governed  by  the  prin- 
ciples of  international  law.  Such  I  understand  to  be  your  interpreta- 
tion of  my  meaning,  as  expressed  in  your  note;  but  out  of  abundant 
caution,  I  desire  to  avoid  any  possible  ground  for  the  inierence  that 
anything  may  have  been  said  by  me  with  the  intention  of  modifying  or 
controlling  the  convention  by  assurances  given  outside  of  it. 

If  convenient  to  you  I  shall  be  pleased  to  meet  you  at  this  Depart- 
ment at  11  o'clock  a.  m.  to-morrow,  for  the  purpose  of  signing  the 
convention. 

I  remain,  etc.,  etc., 

W.  Q.  Gbesham. 


Mr.  GresliaM  to  Sir  Julian  Paunee/ote. 
* 

Department  of  State, 
Washington,  Augv.st  21,  1894. 

Excellency:  Referring  to  our  verbal  communications  of  a  recent 
date,  I  have  now  the  honor  formally  to  acknowledge  the  receipt  of 
your  note  of  the  7th  of  June  last,  in  which  you  proi^ose  in  behalf  of 
Her  Majesty's  Government  the  establishment  of  a  mixed  commission 
for  the  purpose  of  "verifying  and  adjusting  the  claims  for  compensa- 
tion for  the  seizure  of  British  sealing  vessels  in  Bering  Sea." 

While  no  serious  difficulty  is  anticipated  in  settling  and  determining 
the  claims  by  means  of  a  mixed  commission,  it  is  a  matter  of  interest 
to  both  Governments  that  they  should,  if  possible,  be  disposed  of  in 
a  simpler  and  less  expensive  way.  Proceedings  by  a  mixed  commis- 
sion, while  always  more  or  less  formal  and  cumbersome,  are,  like  all 
other  processes  of  litigation,  necessarily  attended  with  expense,  not 
infrequently  considerable  in  amount,  as  well  as  with  delay. 

In  the  present  case  the  award  and  findings  of  the  Tribunal  of  Arbi- 
tration at  Paris  have,  to  a  great  extent,  determined  the  facts  and  the 
principles  on  which  the  claims  should  be  adjusted,  and  in  the  course 
of  the  negotiations  for  a  mixed  commission,  they  have  been  subjected 
by  both  Governments  to  a  tliorough  examination,  both  upon  the  i)rin- 
ciples  and  the  facts  which  they  involve. 

Under  these  circumstances  the  President,  after  full  consideration  of 
the  whole  subject,  has  reached  the  conclusion  that  it  may  be  practi- 
cable as  well  as  advantageous  to  effect  a  diroct  settlement  of  tlie  claims 
by  the  payment  of  a  lump  sura  in  full  satiyfaction  of  all  demands  ■ 
damages  against  the  United  States  growing  out  of  the  controversy 
between  the  two  Governments  as  to  the  fur  seals  in  Bering  Sea;  and 
to  this  end  I  am  instructed  by  the  President  to  propose  the  sum  of 
$425,000. 

This  proposition,  if  it  should  prove  to  be  acceptable  to  Her  Majesty's 
Government,  is  to  be  understood  as  having  been  made  subject  to  the 
action  of  Congress  on  the  question  of  api^ropriatiug  the  money.    The 


^f^^ 


BERING   SEA   CONTROVERSY. 


13 


President  can  only  undertake  to  submit  the  matter  to  Cougrress  at  the 
beginning  of  its  session  in  December  next,  with  a  recommendation  that 
the  money  be  appropriated  and  made  immediately  available  for  the 
purpose  above  expressed,  and  if  at  any  time  before  the  appropriation 
is  made  your  Government  shall  desire,  it  is  understood  that  the  negotia- 
tions on  which  we  have  for  some  time  been  engaged  for  the  establish- 
ment of  a  mixed  commission  will  be  renewed. 


I  have,  etc., 


W.  Q.  Gresham. 


Sir  Julian  Pauncefote  to  Mr.  Gresham. 

Washington,  Avgust  21, 1894. 

Sir:  I  have  the  honour  to  acknowledge  the  receipt  of  your  note  of 
this  date  on  the  subject  of  our  recent  negotiations  for  the  adjustment, 
by  means  of  a  mixed  commission,  of  the  claims  of  Great  Britain  against 
the  United  States  in  respect  of  the  seizure  of  British  sealing  vessels 
by  United  States  cruisers  in  Bering  Sea. 

You  state  that  the  President,  after  full  consideration,  is  of  opinion 
that  it  would  be  in  the  interest  of  both  Governments  to  efl'ect  the  direct 
settlement  of  the  claims  by  the  payment  of  a  lump  sum,  in  order  to 
avoid  the  delay  and  expense  of  a  mixed  commission,  and  that  you  have 
been  instructed  to  propose  the  sum  of  $425,000. 

You  also  state  that  the  proposal  is  made  subject  to  the  necessary 
appropriation  by  Congress,  to  which  it  would  be  submitted  at  the  begin- 
ning of  its  session  in  December  next,  with  a  recommendation  that  the 
money  be  made  immediately  available  for  the  purpose  above  mentioned. 

You  add  that  if  at  any  time  before  the  appropriation  is  made  Her 
Majesty's  Government  shall  desire  it  the  negotiations  for  the  estab- 
lishment of  a  mixed  commission  shall  be  resumed. 

I  have  the  honour  to  state  in  reply  that  Her  Majesty's  Government 
concur  in  the  views  of  the  l^resident  as  to  the  expediency  of  eifecting  a 
settlement  by  the  method  proposed,  and  that  they  are  indeed  so  fully 
sensible  of  the  great  advantages  presented  to  both  Governmeits  by 
that  course  that  they  are  willing  to  accept  the  sum  oliered,  coupled 
with  the  assurance  of  prompt  payment,  although  the  amount  is  much 
below  their  estimate  of  the  compensation,  which  might  fairly  be 
awarded  by  a  mixed  commission. 

It  should  be  understood,  therefore,  that  if  the  negotiations  for  a 
mixed  commission  should  be  resumed  the  acceptance  of  your  proposal 
shall  in  no  way  prejudice  the  claimants  in  the  further  prosecution  of 
their  demands. 

It  only  remains  for  me  to  express  my  gratification  at  this  amicable 
solution  of  the  last  subject  of  discussion  in  the  long  Bering  Sea 
controversy. 

I  have,  etc.,  Julian  Pauncefote, 


